Machado-Cedillos

Machado-Cedillos v. Gonzales

Good Law
234 F. App'x 722
United States Court of Appeals for the Ninth CircuitJune 22, 2007Nos. 04-74587, 05-70086California921 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Ana Lourdes Machado-Cedillos, a native and citizen of El Salvador, seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s denial of her application for asylum in No. 04-74587 and the BIA’s order denying her motion for reconsideration in No. 05-70086. Jurisdiction exists over Machado-Cedillos’ petitions pursuant to 8 U.S.C. § 1252 . Because the facts and protracted procedural posture of this case are known to the parties, we repeat them here only to *724 the extent necessary to explain our decision. We grant in part and deny in part the petition for review in No. 04-74587 and deny the petition for review in No. 05-70086.

We review de novo questions of law, Singh v. INS, 94 F.Sd 1353, 1358 (9th Cir.1996), but give deference to the BIA’s interpretation of applicable regulations, Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1011 (9th Cir.2006). Machado-Cedillos’ argument that the BIA exceeded the proper scope of its appellate review as defined in 8 C.F.R. § 1003.1 (2005) is unpersuasive because the current version of the regulation did not exist at the time the BIA decided her first appeal.…

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